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McDANIEL v. STATE

44685.

257 Ga. 345 (1987)

359 S.E.2d 642

McDANIEL v. THE STATE.

Supreme Court of Georgia.

Decided September 8, 1987.

Attorney(s) appearing for the Case

Franklin N. Biggins, for appellant.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert III, Assistant District Attorney, Michael J. Bowers, Attorney General, J. Michael Davis, Assistant Attorney General, for appellee.

HUNT, Justice.

The defendant, Albert McDaniel, was convicted of the murder of Andrew Starke, and sentenced to life in prison.1 At trial, the defendant claimed that the victim had controlled him by a voo-doo or "roots" spell over him for the past ten to twenty years and that he had to shoot the victim in order to end the spell. He contends on appeal that this evidence entitled him to his requested charge on self-defense, which the trial...

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